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Executor is a personal representative designated in your will to carry
out your instructions after your death. Although you are not required
to advise the person you have named to this duty, it is a good idea
to do so.
Your executor
will need to be approved by the probate court judge so that the
executor can carry out his or her duties. Your executor as a trustee
is also a fiduciary and, as such, is held to a strict legal standard.
Trustee and executor responsibilities are very similar in that they
require knowledge of several disciplines such as tax planning, investment
management, property management and an appreciation of asset values.
Practical duties
include the collection, custody and distribution of probate and
non-probate assets. They must also determine what needs to be dis-
carded and what needs to be kept. They settle all debts and expenses
and determine approximate amount to pay for estate taxes, probate
fees and administration costs.
The trustee
or executor will work closely with the estate accountant to maintain
all tax-related aspects of the estate in planning and submitting
state, federal and estate taxes, possibly a gift tax return, fiduciary
income tax returns and determination of a cost basis for all of
the assets.
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